⚖️ Zoning Board of Appeals
ZBA Rejects East State Street Variance Over 'Spot Zoning' Concerns, Tackles East Avenue Application
The Albion Zoning Board of Appeals denied a variance request for 255-257 East State Street citing spot zoning risks, while advancing a separate application for 327 East Avenue contingent on paperwork corrections. A public hearing for the East Avenue property is scheduled for June.
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Key Actions & Decisions
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Denied variance for 255-257 East State Street due to spot zoning (5-0 vote).
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Approved new garage construction for Meadowbrook Drive (5-0 vote).
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Declared Lead Agency for SEQR review of 327 East Avenue, pending application corrections (5-0 vote).
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Referred 327 East Avenue variance to Orleans County Planning Board (5-0 vote).
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Set public hearing for 327 East Avenue variance for June 13, 2024, at 4:00 PM.
The Albion Village Zoning Board of Appeals moved swiftly through a pair of zoning variance requests Wednesday, denying one application over legal concerns while setting the stage for a public hearing on another.
Meeting at Village Hall on May 8, the board unanimously denied an application for 255-257 East State Street. The reason, according to the minutes, was the potential for "spot zoning."
Spot zoning occurs when a small parcel of land is given a different zoning classification than surrounding properties, often to the benefit of a specific owner. It is generally frowned upon in planning law as it can disrupt the character of a neighborhood.
The denial means the property owners at that address will not be granted the relief they sought from the village's zoning code.
In other business, the board took a different tack with an application for 327 East Avenue (Map No. 73.11-1-50.1). This application proved more complex due to a potential conflict of interest. Village CEO Chris Kinter recused himself from the proceedings.
To ensure a proper quorum and legal oversight, Dan Strong, the CEO for the Town of Albion, stepped in to oversee the village’s meeting and facilitate the review.
The applicant for the East Avenue property is listed as The Broadway Group. During the meeting, which included a phone call with a representative identified as Trent, the board determined that the paperwork submitted was incomplete. Board Chairperson Craig Tuohey requested changes to the cover letter to reflect the correct municipality and insisted on a complete and accurate application.
According to the minutes, Trent agreed to provide the corrected documents to CEO Strong within a few days.
Rather than voting on the variance itself, the board voted to become the lead agency for the State Environmental Quality Review (SEQR) act, but made that motion contingent on the applicant submitting the amended application and correcting the cover letter.
The board then voted to refer the matter to the Orleans County Planning Board for further review.
A public hearing has been scheduled for June 13, 2024, at 4:00 p.m., giving residents an opportunity to weigh in on the proposal once the paperwork is in order.
Before wrapping up, the board handled a minor matter regarding Meadowbrook Drive. A public hearing was opened and closed in quick succession regarding an area variance for a new garage build at a residence. There was no public comment, and the board moved to accept the application.
The meeting was attended by board members Craig Tuohey, Tony Wynn, Jeanette Riley, Trellis Pore, and Bruce Dugan. Deputy Mayor Joyce Riley and Trustee McMurray were also present. The board adjourned at 5:17 p.m.
Coverage of the Zoning Board of Appeals meeting on 2024-05-08,
Village of Albion, NY.
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This article was drafted by AI (claude-sonnet-4-20250514) from the official meeting transcript and reviewed by a human editor.
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Related Zoning Board of Appeals Meetings
2024-06-13
East State Street Variance Denied; South Main Street Parking Request Moves Forward
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Key Actions & Decisions
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Variance for 255/257 East State Street DENIED (5-0 vote)
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Public Hearing scheduled for July 18 at 4:00pm regarding parking for 139 South Main Street
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Public Hearing scheduled for July 18 at 4:00pm regarding fence height at 53 Meadowbrook Drive
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Board received an update from CEO Chris Kinter regarding 327 East Avenue
2024-07-18
Main Street Property and Meadowbrook Fence Win Zoning Approval; West Avenue Hearing Set
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Key Actions & Decisions
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Approved area variance for 139 South Main Street (Case 73.6-6-26).
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Approved fence height variance for 53 Meadowbrook Drive.
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Scheduled public hearing for 232 West Avenue application for July 30 or Sept 3.
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Meeting attendance included Chair Craig Tuohey, board members Jeanette Riley and Tony Wynn.
2024-09-03
Albion Zoning Board Approves Variance for West Avenue Property in Brief September Session
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Key Actions & Decisions
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Unanimously approved a variance for 232 West Avenue (Vote: 4-0)
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Accepted meeting minutes from the July 18, 2024 meeting
2024-11-14
Albion Zoning Board Rejects Fence Variance for Clarendon Street Property
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Key Actions & Decisions
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Denied fence variance for 155 Clarendon Street (Tax Map #73.11-1-18) due to self-created hardship and safety issues (Vote: 4-0)
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Accepted meeting minutes from September 3, 2024 (Vote: 4-0)
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